Pre-Nuptial and Post-Nuptial Agreements in Singapore

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Protect Your Future with Pre-Nuptial and Post-Nuptial Agreements

Understanding Pre-Nuptial and Post-Nuptial Agreements in Singapore

This is essentially a written contract signed by both parties, setting out the distribution of the parties’ finances and assets in the event that the marriage breaks down. It can guard against costly and protracted legal battles between husband and wife in future, preparing an agreement in advance may minimise the possibility of disagreement in future.

The difference between a pre-nuptial agreement and a post-nuptial agreement is the former is signed before marriage, and the latter signed during the marriage. Examples of post-nuptial agreement include separation agreements.

Although pre-nuptial and post-nuptial agreements are not strictly enforceable in Singapore, the Singapore Family Justice Courts do take them into consideration when determining what constitutes a fair and equitable distribution of matrimonial assets between the parties. In particular, the case law suggests that the Courts do take into consideration the terms of the pre-nuptial agreements as the reference point for the couple’s intention in dividing their matrimonial assets, especially when parties have both sought independent legal advice, made frank disclosure of their financial positions, the agreement was properly executed in accordance to the law, and fair to both parties.

In determining what assets are for division between the parties, the Courts would generally tend to pool the parties’ respective assets (whether in joint or sole names) and these would be classified as the matrimonial pool of assets. All assets (whether in joint or sole names) will form part of the matrimonial assets unless it falls within certain exceptions. Disputes can happen as parties disagree what should go into the pool.

A pre-nuptial or post-nuptial agreement would be useful to

  • Protect any valuable family heirloom or assets or money you may have inherited;
  • Protect any business assets or shares from being divisible as matrimonial assets.
  • Preserving assets for your children from a previous relationship;
  • Protect a partner who brings significantly greater assets into the marriage.

We have significant experience handling high net worth cases, and can provide the advice necessary to help you draft a pre-nuptial and post-nuptial agreement that is individually tailored to your circumstances and protects your future. We are also able to advise on your current pre-nuptial agreement in the event of the breakdown of your marriage.

We're Ready To Help

Planning for the future can be challenging, but Jacque Law LLC is here to help you secure your financial interests with expertise and understanding. Our skilled team of lawyers provides guidance on drafting pre-nuptial and post-nuptial agreements, ensuring that your rights and assets are protected. We work with you to create fair, legally sound agreements that reflect your intentions and minimise potential conflicts down the road.

Commonly Asked Questions

What is the purpose of a pre-nuptial or post-nuptial agreement?

A pre-nuptial or post-nuptial agreement is designed to set out how finances, assets, and property will be divided in the event of a divorce. These agreements aim to reduce potential conflicts and legal battles by establishing clear terms in advance.

A pre-nuptial agreement is signed before marriage, while a post-nuptial agreement is signed after the marriage has begun. Both serve the same purpose of addressing financial matters but are executed at different times in the relationship.

While pre-nuptial and post-nuptial agreements are not strictly enforceable in Singapore, the Family Justice Courts do take them into consideration when deciding on the division of matrimonial assets, especially if the agreement was fair, legally executed, and both parties sought independent legal advice.

Courts are more likely to consider agreements if both parties received independent legal advice, fully disclosed their financial positions, and the agreement was executed in a fair and lawful manner. These factors show that the terms were agreed upon transparently and equitably.

While these agreements can outline financial arrangements, matters related to child custody or maintenance are ultimately decided by the court, with the child's best interests as the paramount consideration. The court may take the agreement into account but is not bound by it in custody matters.

Yes, it is recommended for both parties to have independent legal representation. This ensures that each party fully understands the terms of the agreement, and it demonstrates to the court that the agreement was entered into voluntarily and with informed consent, which may increase its likelihood of being considered in future legal proceedings.